SECTION 1 - General Instructions
SUB SECTION 11 - LOSSES TO PUBLIC FUNDS CAUSED BY MISEMPLOYMENT OR NEGLIGENCE
1.144 ‘Misemployment’ in this sub-section means the performance of work by Dep employees on duties other than those within the trade and grade authorised by a Budget Holder, or on work for which no post has been authorised. Outline duties may be found in an employee's contracted job description and Unit commanders may obtain advice on the scope of duties permitted for a post from the OC LEC HR.
1.145 To assist in the prevention of misemployment OC LEC HR is empowered to carry out spot checks of all types of labour. They are to be afforded all necessary facilities for this purpose.
1.147 Where there is evidence indicating misemployment, through deliberate action or gross negligence, which has caused a loss to public funds then the case is to be brought to the attention of the Budget Holders by the OC LEC HR. The Budget Holder is to notify the appropriate Chain of Command without delay in order that an inquiry may be convened as required by QRs/AGAIs.
1.148 If an inquiry determines that a loss to public funds has occurred which has been caused by a wrongful act or gross negligence, an order may be made for the person responsible, if subject to military law, to pay a sum in compensation. Alternatively, a charge may be preferred and disciplinary action taken against the person or persons concerned.
1.149 Matters which could be subject to an inquiry include losses to public funds caused by:
- Allowing employees to work unauthorised overtime.
- Payment of unjustified claims.
- Payment of unjustified allowances.
- Employment of non-essential staff on duties attracting supplements.
- Grossly negligent management of industrial relations procedures resulting in fruitless payments or unnecessary court cases.
- Grossly negligent supervision of Dep attendance and attendance records.
The list is not exhaustive.
1.150 COs/OCs Units/Heads of Establishment are to ensure that where possible all documents concerning the pay and grading of Dep employees are signed by a military officer, UKBC or LEC of officer status (C7). Where this is impracticable and with prior authority of the OC, a Warrant Officer or SNCO, or a UKBC not below the grade of Band E1 may be appointed to certify pay related documents. LEC below the grade of C7 may exceptionally be authorised to certify Form 24 (Attendance Record) ONLY. The delegation of authority is to be given in writing and signed personally by the OC/Head of Establishment acknowledging his/her liability for any losses arising from the delegation. A copy of the authority is to be forwarded to the appropriate LSU and retained by them.
1.151 Where an LEC is authorised to certify pay related documents the OC, or an officer appointed by him, is to check the pay accounting procedure, without warning and at irregular intervals of no more than three months. A written record of the check is to be maintained and documents checked are to be countersigned.
1.152 The procedures to be adopted in preventing, reporting and investigating losses to public funds due to accidental or payroll system generated overpayments to Dependants are as follows:
- Notification of Absence. OCs of Cat A and B units are to report all cases of unexplained absence to LEC HR immediately. OC LEC HR is to decide whether an overpayment is likely to result and, if so, report the matter to the DBS DEP Pay Team.
- Where overpayments are discovered by Units the matter is to be immediately reported to the LEC HR.
- Investigation of Overpayments. The procedure for the investigation and recovery of overpayments is contained in JSP 472.
1.153 Where recovery of an overpayment proves fruitless and further efforts are considered either unlikely to succeed or no longer cost effective, the case is to be passed to the appropriate Budget Holder for write-off action.
1.154 Nothing contained in this instruction relieves commanders of their responsibility to prevent losses of public funds and to report any cases where a deliberate act or negligence is suspected to have led to a loss.